Lalman Yadav vs State Of U.P.
2023 Latest Caselaw 5712 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 1668 of 2015
 

 
Appellant :- Lalman Yadav
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Dharmendra Singh,Ram Govind,Sarvesh Kumar Dubey
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

Order for Bail

Criminal Appeal No.1668 of 2015 along with Criminal Appeal No.1892 of 2015 and Criminal Appeal No.1329 of 2015 have been placed before this Court.

Heard Sri Sagir Mohemmad, learned Advocate assisted by Sri Ram Govind, learned counsel for accused-appellant/Lalman Yadav and learned AGA for the State.

This is second bail application on behalf of accused-appellant convicted and sentenced in S.T. No.321 of 2014 (State v. Lalman Yadav and others), under Sections 302/34 of I.P.C. arising out of Case Crime No.21 of 2004, under Sections 147, 148, 149, 302 I.P.C. and under Sections 3(II)(V) of SC/ST Act, Police Station Saurikh, District Kannauj.

It is submitted that the accused-appellant is in jail since 24.03.2015; that the paper book has been prepared, but due to paucity of time and in view of the decision of the Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022.

Learned A.G.A. for the State has vehemently objected to the grant of bail of the accused as according to him no new grounds are set out in the 2nd Bail Application.

Appellant-Lalman Yadav now incarcerated for seven years, there is no chance of appeal being heard immediately as accused is in jail since more than 7 years. The paper book is ready. Hence, in view of the judgment in Saudan Singh Case (Supra) and on re-appreciation of material on record, the accused-appellants, is entitled to be released on bail.

We, therefore, direct the jail authorities concerned to release accused-appellant/Lalman Yadav, convicted and sentenced in the aforesaid Sessions Trial be released on bail during the pendency of the appeal subject to his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned with the following conditions :-

(i) The appellant shall file an undertaking to the effect that she shall not seek any unnecessary adjournment.

(ii)) The appellant shall not leave India without permission of this Court.

(iii) The appellant shall inform the change of address within 10 days, failing which the State shall be at liberty to request for cancellation of his bail.

(iv) The order to pay fine is stayed.

As far as sentence is concerned, the same shall remain suspended during pendency of the appeal.

We records the presence of the Officer who was directed to remain present, Mr. K. Yadav is present, we accept his oral reasons for not sending the report and we exempt the personal presence of the Officers.

Order on Appeal

List the main matter on 27.03.2023 for final disposal.

Further order

As we are granting bail in main matter as there is no 3rd bail application and second bail was rejected, correct and delete 'on Criminal Misc. 2nd Bail Application' and substitute by 'Order for bail'.

Order Date :- 21.2.2023

A.N. Mishra